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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My neighbour is insisting that the gate down the side of my

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My neighbour is insisting that the gate down the side of my property be detatched from his house. It was there when I bought the property 28 years ago, and is the same set out as all the houses in my row plus those over the road. What can I do?
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify that the wall of his house to which the gate is attached forms the boundary of his property please? i.e there is no fence beyond the wall, but rather the wall is the edge of his property boundary?
Customer: replied 2 years ago.

Yes this is the boundary according to the deeds that I can make out

Many thanks for the above. There are two reasons why your neighbour cannot require the gate is removed from his property. The first is the Party Wall Act. This legislation provides that where a property wall forms the boundary of ones property, a neighbouring owner can attach items to the wall so far as it does not require major cutting into the wall. Therefore, an adjoining owner can attach things such as hanging baskets, washing lines, gates and so on to a property owners wall providing they take care to cause no damage other than what is necessary in order to attach the item to the wall. More substantive attachments such as lean to conservatories and so on would require the consent of the property owner but a gate can be attached without his consent under the provisions of the Party Wall Act if the wall forms the boundary of his property and you are the adjoining owner. The other reason the Neighbour cannot require that the gate is removed is because of the length of time the gate has been in place. Because the gate has been in place for more than 20 years, then a legal right is acquired through long used by the Prescription Act. The prescription act provides that where a right has been exercised without the consent of the relevant landowner, and without secrecy, for more than 20 consecutive years, that right becomes a legal easement (a legal right) which is capable of registration under title deeds should you wish it. accordingly, you may consider reverting to the neighbour that the gate may not be removed referring to the above authorities and any attempt on his part to interfere with the gate without your permission may result in a claim for criminal damage and/or an injunction to require that he does not interfere again with the gate in the future together with costs for any replacement or repair that is required to the gate. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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